M/S. HARSHA ROYAL MINERALS REP. BY ITS PROPRIETOR R. SUKUMAR Vs. THE A.P. MINERAL DEVELOPMENT CORPORATION LTD., REP. BY ITS VICE-CHAIRMAN & MANAGING DIRECTOR

JUDGEMENT

(1.) THIS Writ Petition is filed for a mandamus to declare the action of the respondent in not supplying 3450 M.Ts. of C+D+W grade Barytes @ Rs. 840/ - per M.T. in pursuance of confirmation order dated 5 -10 -2012, as illegal and arbitrary. The petitioner approached the respondent for supply of C+D+W grade Barytes. The respondent agreed to supply the quantity of 3450 M.T. of Barytes required by the petitioner @ Rs. 840/ - per M.T. The petitioner has accordingly paid a sum of Rs. 33,19,862/ - @ Rs. 840/ - per M.T. on 5 -10 -2012. On receipt of the said amount, the respondent has issued confirmation order on the same day. The petitioner approached this Court by way of the present Writ Petition with the grievance that inspite of receiving the full value of the Barytes, the respondent has not been permitting the petitioner to lift the same.

(2.) ON behalf of the respondent, a counter -affidavit is filed wherein the respondent inter alia admitted the payment of Rs. 33,19,862/ - by the petitioner towards the value of 3450 M.Ts. of Barytes; that the respondent has released the delivery order on 5 -10 -2012 and that the P.O. was instructed to deliver the material. The counter -affidavit has however stated that the petitioner did not come forward to lift the material upto 25 -3 -2013 and therefore the respondent went for e -auction which was held on 5 -3 -2013. The respondent has taken the plea that the market price of the Barytes has gone beyond 1066/ - per M.T. and therefore it was resolved in the Board meeting held on 24 -12 -2012 that a quantity of 5 lakh M.Ts. of Barytes shall be put to sale by fixing minimum rate of Rs. 1066/ - per M.T. through open tender; and that the open tender fetched Rs. 1926/ - per M.T.

(3.) IN the light of the above findings, the petitioner would have been entitled for a direction to the respondent to supply the Barytes @ Rs. 840/ - per M.T. However, through its own letter dated 8 -3 -2013, the petitioner committed itself to pay Rs. 962/ - per M.T. Having thus made its commitment for payment of a higher price, I am of the opinion that it would be reasonable to direct the respondent to supply the agreed quantity of 3450 M.Ts. of C+D+W grade Barytes to the petitioner, subject to the latter paying the balance amount @ Rs. 962/ - per M.T. within one month from the date of receipt of this order. The petitioner shall be permitted to lift these quantities within a period of one month from the date of payment of the balance amount.